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to martha maccallum, matt whitaker, emily compagno, tyrus, my name's greg gutfeld.lcome to fox news at night i'm mike emanuel in washington. >> breaking tonight, more misery in memphis a 19 year old suspect in custody after a violent shooting spree with at least four victims that officials say he broadcast on social media. we will have the latest details. plus president biden's old boss back at the white house wednesday saying the country's in a better direction under his

matt whitaker joins us.on to this development. >> there's a lot of roads still left to go and by friday both the teams need to agree to a service provider to manage the digital documents because ultimately they need to put them in four different baskets, privileged or not privileged and personal or presidential records and so while they that is the main project of these 10,000 documents, obviously the classification issues are what's the biggest, maria. and this case is really going to boil down to whether or not the classification matters and the trump team argued that classification doesn't matter. what matters whether it's personal or presidential and that that should be the process they follow. so it's going to be very interesting and obviously you have the pending 11th circuit court of appeals appeal by the doj as well that could change the whole process as we head into the following weeks. maria: will we ever know what these documents are? i mean, are these documents related to the russia collusion lie

matt whitaker is here. great to have you with us. what is your action from what you just heard from david's reporting? >> it's good that the judge held the government accountable. there's too many leaks that have helped the government, even the most recent court filing included a picture of some of the things that were taken from mar-a-largo. it was soly for the purpose of influencing this case in the court of public opinion. it's good that the job takes a skeptical view of what the judge is saying here. they lost the ability to be trusted in this matter. i think a special counsel court-appointed person that can look at these documents and the light that is not favorable to one side or the other. i'm worried that doj is really moving very quickly with this case. we have an election coming up in 2022. you know, judge cannon is very smart to pump the brakes here on everything. >> martha: you tweeted about the issue of the former president claiming that these documents had already been declassified. they haven't filed anything to that n

so let's continue the conversation about to the drama with acting attorney general matt whitaker. , thank you for being up with us tonight. i want to read this to you. a new development tonight in this, we are learning now that the doj, i am going to read this to you in real time for the first time, doj told the appeals court to that donald trump cannot have a plausible claim for return of documents seized by the fbi coming in per bloomberg. what if anything did you make of that? >> yeah, gillian, good to be with you tonight. the doj has appealed the judge's order saying that they can't use the classified documents that they obtained in their raid at mar-a-lago today, earlier today the trump administration opposed, the term team opposed that appeal of and this is the response about 11 hours after the opposition is the rebuttal and just summarizes very quickly their position, which is as you just read, which is that the doj believes that the trump team has no viable argument. i disagree with that. i think that this process that judge has laid out with the special master that include

fascinating potential lawsuit as well as former acting attorney general matt whitaker, two of the amazings coming up on a very busy friday morning. you are watching "fox & friends first." ♪ alexa ask smartfeed to feed the dog. does it get better than feeding your dog from 50 miles away? yes... it does. at buick we see a future that's even better. because the life enhancing innovations you've never even dreamed of? buick is dreaming of them every day. in order for small businesses to thrive, they need to be smart. efficient. agile. and that's never been more important than it is right now. so for a limited time, comcast business is introducing small business savings. call now to get powerful internet for just 39 dollars a month. with no contract. and a money back guarantee. all on the largest, fastest reliable network. from the company that powers more businesses than anyone else. call and start saving today. comcast business. powering possibilities. this is xfinity rewards. our way of showing our appreciation. with rewards of all shapes and sizes. [ cheers ] are we actually going? yes!! a

. >> martha: so, with that, we bring in matt whitaker formal acting u.s. attorney general under president trump, matt, great to have you with us tonight. so, we heard gavin newsom and hillary clinton basically accusing this, accusing these governors, dissent is abbott of kidnapping and human trafficking. before i let you answer, this is john pair on that listen to this. secretary jean-pierre >> these migrants were misled about where they were headed. told that they would be headed to boston. misled about what they would be provided, when they arrived, promised shelter benefits and more. >> secretary psaki: these are the kind of tactics we see from smugglers in places like mexico, and guatemala. and, for what, a photo op. >> what you make of all this, what is this going. >> obviously this is a political hot potato. but at the same time, it has huge consequences. and i noticed both the president and a spokesperson are talking with moral terms. and you know, what is immoral is to governor desantis' point is immigrants dying in the back of tractor-trailers, and

to martha maccallum, matt whitaker, emily compagno, tyrus, my name's greg gutfeld. i love you america. ♪ ♪ >> hello and welcome to fox news at night i'm mike emanuel in washington. >> breaking tonight, more misery in memphis a 19 year old suspect in custody after a violent shooting spree with at least four victims that officials say he broadcast on social media. we will have the latest details. plus president biden's old boss back at the white house wednesday saying the country's in a better direction under his former vp's leadership, but republicans are asking, is it safer following a watch dog report suggesting the biden administration may have put national security at risk by failing to properly vet e vac e vac ways from the botched withdraw from afghanistan. our panel weighs in. and some residents are being told tow sweat it out conserve power even as temperatures soar to record levels. an electrifying panel on the future of the state's energy crunch ahead >> but first breaking news out of memphis, the 19 year old police say is responsible for several shootings